Allen v. People

Opinion by

Mr. Justice Hodges.

Defendant Allen was tried by a jury and convicted of attempted assault with a deadly weapon. On writ of error, the defendant urges reversal for two reasons: First, he contends there is no such crime as attempted assault with a deadly weapon, and second, he claims the trial court erroneously refused to give his tendered instruction on his theory of the case. Both of these contentions are valid. We therefore reverse the judgment of conviction.

The information charging defendant states that on October 24, 1967, the defendant did “[ajttempt to make an assault upon one…